Jose Maciel and Elvis Bonilla, on behalf of themselves, and all others similarly situated, and as an "aggrieved employee" on behalf of other "aggrieved employees" under the Labor Code Private Attorneys General Act of 2004 v. Bar 20 Diary LLC, and Does 1 through 50, inclusive
Published: Feb. 19, 2021 | Result Date: Oct. 13, 2020 | Filing Date: Apr. 30, 2019 |Case number: 1:17-cv-00902-DAD-SKO Settlement – $450,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
David G. Spivak
(The Spivak Law Firm)
Caroline T. Zarneh
(The Spivak Law Firm)
Defendant
S. Brett Sutton
(Sutton Hague Law Corporation PC)
Jared Hague
(Sutton Hague Law Corporation PC)
Facts
Jose Maciel and Elvis Bonilla were the named plaintiffs in a class action lawsuit against Bar 20 Dairy, LLC on behalf of themselves and other employees. The complaint relied on various California consumer laws and Business and Professions Code sections, and also included a Private Attorney General Act component. The parties agreed to settle the claims after plaintiffs' first amended complaint.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant did not provide proper breaks and wages. Defendant failed to provide plaintiffs timely rest breaks, meal periods, or properly calculated minimum and overtime payments. Plaintiffs also did not receive final payment upon termination.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions and instead contended that plaintiffs did not plead facts sufficient to raise a cognizable claim. Plaintiffs' contentions were also insufficient to support allegations of malice, oppression, or fraud.
Result
The court approved a $450,000 settlement agreement between the parties.
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